THIRTY-EIGHTH CONGRESS.; SECOND SESSION. SENATE. NAVAL SOLICITOR AND JUDGE-ADVOCATE. ART IN THE SENATE. THE LOUISIANA STATE GOVERNMENT. EVENING SESSION.

Published: February 26, 1865

WASHINGTON, Saturday, Feb. 25.

SENATOR WILLEY.

Mr. VAN WINKLE, of West Virginia, (Union,) presented the credentials of WAKEMAN P. WILLEY, Senator elect from West Virginia, from the 4th of March, 1865, for the term of six years, which were read and filed.

The bill to create the office of Solicitor and Judge-Advocate of the Navy Department was then taken up.

Mr. TRUMBULL, of Illinois, (Union,) spoke against it, and Mr. GRIMES, of Iowa, (Union,) explained its provisions, and advocated it as a necessity, after which it was passed.

Mr. COLLAMER, of Vermont, (Union,) called up the House resolution to authorize WM.H. POWELL to paint a picture for the Capitol, at a cost not to exceed $25,000.

Mr. SAMNER, of Massachusetts, (Union,) was sorry to feel compelled to oppose this measure. There was a time to weep and a time to laugh, and a time to patronize the fine arts. This was no time to spend $25,000 for the purchase of a picture. Our national debt was accumulating. Our soldiers were unpaid. Our citizens were being taxed to the utmost to sustain the Government in its struggle with the rebellion.

Pending the consideration of the question, the morning hour expired.

Mr. CHANDLER, of Michigan, (Union.) from the Committee on Commerce, reported the House Bill to provide, that in the measurement of the tonnage of ships, store-rooms and packing-rooms above the lower deck shall not be included, which was passed.

Mr. FOSTER, of Connecticut, (Union,) moved that the Senate take a recess at 4 1/2 until 7 P.M., the evening session to be devoted to the consideration of the Bankrupt Bill.

Mr. TRUMBULL was opposed to the motion, because he wished to press the Louisiana question to a vote as soon as possible. He asked for a division of the question before the Senate, first on taking the recess, and then on making the Bankrupt Bill the special order.

The motion to take a recess prevailed.

The question of making the Bankrupt Bill the special order, was decided in the negative -- Yeas 17, nays 24.

The joint resolution recognizing the State Government of Louisiana was then taken up.

Mr. SUMNER offered the following as a substitute for the resolution of the Judiciary Committee, which was ordered to be printed:

Resolved, That it is the duty of the United States, at the earliest practical moment, consistent with the common defence and the general welfare to reestablish by act of Congress Republican Governments in those States where loyal Governments have been vacated by the existing rebellion, and thus to the full extent of their powers, fullfil the requirements of the Constitution, that the United. States shall guarantee to every State in this Union a Republican form of Government.

Resolved, That tills important duty as imposed by the Constitution in express terms on the United states, and not on individuals, nor classes of individuals, nor any military commander, nor executive officer, and cannot be intrusted to any such persons, acting, it may be, for an oligarchical class, and in disregard of large numbers of loyal people; but it must be performed by the United States, represented by the President, and both Houses of Congress acting for the whole people thereof.

Resolved, That in determining the extent of this duty, and in the absence of the precise definition of the term "republican form of Government," we cannot err if, when called to perform this guarantee under the Constitution, we adopt the self-evident truth of the Declaration of independence as our rule, and insist that in every reestablished State the consent of the governed shall be the only foundation of Government, and all men shall be equal before the law.

Resolved, That the independence of the Declaration of Independence, it is plain that any duty imposed by the Constitution must be performed in conformity with justice and reason, and in the light of existing facts; that, therefore, in the performance of this guarantee, there can be no power under the Constitution to disfranchise loyal people, or to recognize any such disfranchisement, especially when it may hand over the loyal majority to the Government the disloyal minority, nor can there be any power under the Constitution to discriminate in favor of the rebellion by admitting to the electoral franchise rebels who have forfeited all rights, and excluding loyal persons who have never forfeited any rights.

Resolved, That the United States, now called at a crisis of history to perform this guarantee, will fail in duty, under the Constitution, should they allow the reestablishment of any State Government without proper safeguards for the rights of all citizens, and especially without making it impossible for rebels not in arms against the national Government to trample upon the rights of those who are now fighting the battle of the Union.

Resolved, That the path of justice is also the path of peace, and that for the sake of peace it is better to obey the Constitution, and in conformity with its requirements in the performance of the guarantee to reestablish State Governments by the consent of the governed and the equality of all persons before the law, to the end that the foundations thereof may be permanent, and that no loyal majorities may be again overthrown or ruled by any oligarchic class.